All Gas No Brakes – The FTC, DOJ, and HHS Unveil Online Reporting Portal as Latest Effort to Combat Unfair and Anticompetitive Health Care Practices

Lexology April 24, 2024
Seyfarth Shaw LLP

On April 18, 2024, the Federal Trade Commission (“FTC”), Justice Department (“DOJ”), and the U.S. Department of Health and Human Services (“HHS”) launched an online reporting portal, HealthyCompetition.gov, for the public to report potentially unfair and anticompetitive health care practices. The online reporting portal provides examples of unfair and anticompetitive health care practices under existing antitrust laws including:

1. “consolidation, joint ventures, and ‘roll-ups’ ”;
2. “[a]greements among competitors to limit or fix the terms of employment for employees”;
3. “collusion or price fixing” among competitors;
4. “[a]ctions to limit transparency” about “healthcare options and costs”;
5. “healthcare contract language and other practices which restrict competition”;
6. “anticompetitive uses of healthcare data,” such as “acquisitions and control of large amounts of data by a few...

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